Fourth Amendment to Master Facilities Agreement and Assignment and Assumption between Fiber Technologies Construction Company, Fiber Technologies Networks, and Choice One Communications

Summary

This amendment updates the Master Facilities Agreement originally signed on May 31, 2000, between Fiber Technologies Construction Company, Fiber Technologies Networks, and Choice One Communications. The amendment adds new provisions to certain exhibits of the agreement and replaces specific language in the original contract. The parties agree to these changes as of August 15, 2002. Some details have been omitted for confidentiality. The amendment is signed by authorized representatives of all parties.

EX-10.48 6 l02238aexv10w48.txt EXHIBIT 10.48 EXHIBIT 10.48 CONFIDENTIAL TREATMENT REQUESTED FOURTH AMENDMENT TO MASTER FACILITIES AGREEMENT AND ASSIGNMENT AND ASSUMPTION This Amendment to the Master Facilities Agreement (the "Facilities Agreement") between Fiber Technologies Operating Company, LLC and Choice One Communications Inc. dated May 31, 2000 is entered into as of the 15th day of August 2002 between FIBER TECHNOLOGIES CONSTRUCTION COMPANY, L.L.C. F/K/A/ FIBER TECHNOLOGIES OPERATING COMPANY, LLC ("FTCC"), a Delaware limited liability company having its principal place of business at 140 Allens Creek Road, Rochester, New York 14618, FIBER TECHNOLOGIES NETWORKS, L.L.C. ("FTN"), a New York limited liability company having its principal place of business at 140 Allens Creek Road, Rochester, New York 14618 and CHOICE ONE COMMUNICATIONS INC. ("CHOICE"), a Delaware corporation having its principal place of business at 100 Chestnut Street, Suite 600, Rochester, New York 14604 (hereinafter, each individually, "Party," and collectively, the "Parties"). RECITALS WHEREAS, the Parties entered into the Facilities Agreement dated May 31, 2000, which Facilities Agreement governs the rights and obligations of the Parties; and WHEREAS, it is in the mutual interest of the Parties to amend the Facilities Agreement to replace certain language, as indicated below, of the original Agreement and NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Amendment. In addition to existing Exhibits, the Parties hereby agree to add the following additions to Exhibit A, A-1, and E. Portions of this agreement have been omitted and filed separately with the Commission pursuant to an application for confidential treatment under Rule 24b-2. IN WITNESS WHEREOF the parties have executed this Second Amendment to the Facilities Agreement as of _________, 2002. FIBER TECHNOLOGIES CONSTRUCTION COMPANY L.L.C. f/k/a FIBER TECHNOLOGIES OPERATING COMPANY, LLC By: FIBERTECH NETWORKS, LLC By: /s/ Frank Chiaino --------------------------------------- Frank Chiaino, Chief Operating Officer FIBER TECHNOLOGIES NETWORKS, L.L.C. By: FIBERTECH NETWORKS, LLC By: /s/ Frank Chiaino --------------------------------------- Frank Chiaino, Chief Operating Officer CHOICE ONE COMMUNICATIONS INC. By: /s/ Joseph A. Calzone --------------------------------------- Joseph A. Calzone SVP Engineering AMENDMENT FOUR EXHIBIT A [Confidential Treatment sought for this Schedule] AMENDMENT FOUR EXHIBIT A-1 [Confidential Treatment sought for this Schedule] AMENDMENT FOUR EXHIBIT E [Confidential Treatment sought for this Schedule]